Cajun Bag and Supply v. Baptiste

651 So. 2d 943, 94 La.App. 3 Cir. 1218, 1995 La. App. LEXIS 508, 1995 WL 82224
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
Docket94-1218
StatusPublished
Cited by23 cases

This text of 651 So. 2d 943 (Cajun Bag and Supply v. Baptiste) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cajun Bag and Supply v. Baptiste, 651 So. 2d 943, 94 La.App. 3 Cir. 1218, 1995 La. App. LEXIS 508, 1995 WL 82224 (La. Ct. App. 1995).

Opinion

651 So.2d 943 (1995)

CAJUN BAG AND SUPPLY, Plaintiff-Appellant,
v.
O'Neal BAPTISTE, Defendant-Appellee.

No. 94-1218.

Court of Appeal of Louisiana, Third Circuit.

March 1, 1995.

*944 Kenneth O'Neil Privat, Crowley, for Cajun Bag & Supply.

David Russell Bankston, Lafayette, for O'Neal Baptiste.

Before PETERS, AMY and SULLIVAN, JJ.

AMY, Judge.

The issue in this appeal is whether Cajun Bag and Supply (hereafter Cajun Bag) owes worker's compensation benefits to O'Neal Baptiste, who injured himself on the job while engaged in horseplay.

FACTS

On June 15, 1993, Mr. Baptiste was employed as a loom operator with Cajun Bag, a bag manufacturer. Mr. Baptiste's work involved tending a loom machine, a device which weaves strapping for the sacks. Operation of the machine involves placing spools of yarn onto a rack called a creel. The operator threads the yarn so that it feeds from the spools resting on the creel into the loom machine. Additionally, he replaces spools as they become empty and moves boxes of yarn when necessary.

According to Mr. Baptiste's testimony, he injured his right shoulder around 2:00 P.M. on June 15, 1993, while attempting to replace a spool of thread on a creel. Mr. Baptiste explained that he stood on a stool to change a spool on top of the creel and that as he lifted the spool of thread, the stool rolled, and he lost his balance, causing him to fall backwards. Mr. Baptiste testified that he struck his buttocks and back on the floor and his right arm on a creel. Mr. Baptiste reported the injury to Mr. James Signorelli, his immediate supervisor. They reported the injury to Ms. Charmaine Martin, the human resources manager, who immediately brought Mr. Baptiste to receive medical attention from Dr. Roland Menard, the company general practitioner. Dr. Menard put Mr. Baptiste's right arm in a sling and told him to limit his work to light duty for a few weeks.

A week later, Mr. Baptiste informed Ms. Martin that his shoulder was bothering him and she arranged for him to obtain treatment from Dr. G. Gregory Gidman, the company orthopedist. Mr. Baptiste's initial visit to Dr. Gidman was on June 30, 1993. Dr. Gidman diagnosed the injury as a shoulder sprain and placed Mr. Baptiste on a no-work status. He recommended physical therapy, heat, and moisture.

Because Cajun Bag began to suspect that Mr. Baptiste's claim had been falsified, it retained Hub Enterprises, Inc., to investigate Mr. Baptiste's claim. On July 8, 1993, Ms. Darlene Cormier, a private investigator employed by Hub Enterprises, obtained a surveillance tape of Mr. Baptiste placing a *945 cover on the roof of his automobile without any limitations in his movements.

On July 16, 1993, claimant returned to Dr. Gidman. The medical records indicate that Mr. Baptiste told Dr. Gidman that he could not lift his infant son, cut his grass, or clean his car because the pain in his right shoulder was so debilitating. Dr. Gidman noted on his medical records that he considered Mr. Baptiste's complaints to be "magnified" and that there were "no objective findings of any abnormalities." Ms. Cormier obtained another surveillance tape of Mr. Baptiste while he was leaving Dr. Gidman's office. The tape depicts Mr. Baptiste raising his arms over his head and placing a gold chain around his neck.

Mr. Baptiste again returned to Dr. Gidman on July 23, 1993, at which time Dr. Gidman noted that Mr. Baptiste's "[s]ubjective complaints of pain appear to be in the extremes [sic] and are not substantiated anatomically by the nature of his injury, physical examination, or his radiological makeup." Because Dr. Gidman could find no anatomical or orthopedic explanation for Mr. Baptiste's incapacitating complaints, he released Mr. Baptiste to return to his full duties at work effective July 26, 1993.

On August 2, 1993, Mr. Baptiste sought medical treatment from Dr. Michel Heard, a physician of his own choice. Although electromyogram and nerve conduction studies performed on August 25, 1993, were normal, Dr. Heard placed Mr. Baptiste on a no-work status.

In early September, a Cajun Bag employee told Mr. Signorelli, who was Mr. Baptiste's supervisor, that Mr. Baptiste had injured his shoulder on June 15, 1993, while shadow boxing with Mr. Jason McClelland. Additionally, the same employee told Mr. Signorelli that employees Mr. Kerry Broussard and Ms. Gayla Casciano had witnessed the accident. After sworn statements were obtained from Mr. McClelland, Mr. Broussard, and Ms. Casciano that Mr. Baptiste was injured on June 15, 1993, while engaged in shadow boxing with Mr. McClelland, Cajun Bag terminated Mr. Baptiste's compensation benefits effective September 13, 1993, due to its belief that Mr. Baptiste's compensation claim had been falsified.

On September 20, 1993, Cajun Bag filed a notice of disputed claim for compensation. On December 14, 1993, O'Neal Baptiste reconvened seeking reinstatement of disability benefits and medical benefits. On January 26, 1994, Cajun Bag filed an amending and supplemental petition to recover the $1,639.44 in compensation benefits and $5,429.72 in medical benefits it had already paid.

The matter was heard by Worker's Compensation Hearing Officer Kellar on May 17, 1994, and judgment was entered against Cajun Bag on August 4, 1994.

In written reasons for the judgment, the hearing officer found that Mr. Baptiste was engaged in horseplay on June 15, 1993, and that as a result of this horseplay, he had aggravated a pre-existing injury. Although noting that LSA-R.S. 23:1031(C) precludes worker's compensation coverage when an employee is injured while engaging in horseplay, the hearing officer awarded benefits to Mr. Baptiste based on a long line of cases which have allowed employees injured while engaging in horseplay to receive worker's compensation benefits. She held that he was properly paid benefits from June 15, 1993, until September 8, 1993. Furthermore, she found that he was temporarily totally disabled until February 25, 1994 and was entitled to benefits until this date; therefore, she awarded him indemnity benefits of $182.16 per week from September 8, 1993 until February 25, 1994. From this judgment Cajun Bag appeals.

Cajun Bag alleges three assignments of error: that the hearing officer (1) incorrectly held that injuries due to horseplay were not excluded from worker's compensation coverage; (2) erred in finding Mr. Baptiste to be temporarily totally disabled; and (3) failed to award Cajun Bag $7,069.16 for medical expenses and compensation benefits paid to Mr. Baptiste to which he was not entitled.

HORSEPLAY

Although Mr. Baptiste testified that he was not engaged in horseplay at the time *946 of his injury, three of his co-workers testified that he hurt himself on June 15, 1993, while shadow boxing with Jason McClelland. Mr. McClelland testified that as he was walking back to his work station from putting something on his supervisor's desk, "O'Neal followed me, and he told me something else, and I told him something back. Then he kind of swung at me and I kind of ducked, kind of put up my fist; and he swung at me again, and that's when he hurt his shoulder. He said he pulled some muscles or something." Mr. McClelland further testified that he believed that Mr. Baptiste had hurt his shoulder at this time because Mr. Baptiste "grabbed his right shoulder with his left arm, and he kind of bent down a little bit."

The testimonies of Mr. Kerry Broussard, a weaving operator, and Ms. Gayla Casciano, a janitor, corroborated Mr. McClelland's version of the June 15, 1993 incident. Mr.

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Bluebook (online)
651 So. 2d 943, 94 La.App. 3 Cir. 1218, 1995 La. App. LEXIS 508, 1995 WL 82224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cajun-bag-and-supply-v-baptiste-lactapp-1995.